Royal Oak residents concerned about recreational fires

The debate about whether Royal Oak should lift a ban on recreational fires heated up Monday with opponents citing health hazards from smoke and complaining that they wouldn’t be able to enjoy their yards or keep their windows open.

Patti Bannasch of Royal Oak said she can choose to avoid the homes of friends with pets and places where people smoke cigarettes so she doesn’t aggravate her allergies and asthma.

However, she wonders what she will do if the city lifts its ban on recreational fires as Ferndale, Hazel Park and Birmingham have.

“I can’t choose to move. I’ve lived here a long time but I can’t breathe if there’s fire,” Bannasch told the City Commission on Monday. “I’d have to go in my house, use my inhaler and at some point I’d have to go to Beaumont.”

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Royal Oak officials heard from several residents concerned about the health hazards posed by backyard fires.

“Smoke in the air is air pollution,” Mary Lynn Stanley said.

Kevin Dean Gott said repealing the ban would be a step back for a forward-thinking city.

“The only argument I’ve heard for it is fun,” he said. “There are probably also some people out there who will say it is a personal liberty or freedom but it’s not our personal liberty to take away someone’s right to breathe or any other enjoyment they have for their own property.”

Commissioners tabled a proposed amendment to the outdoor burning ordinance but for other reasons than health concerns. They asked the administration to survey cities that allow recreational fires to see if any got out of control and burned garages, houses or overhead utility wires. They also want to know more about permit processes, education campaigns, handling complaints, and penalties for violations.

“We are not reinventing the wheel,” Mayor Jim Ellison said. “Ordinances are out there.”

In Royal Oak, resident Pete Collins put the issue on the front burner at City Hall after resubmitting a 2010 petition with names of residents wanting to relax the city ordinance that prohibits recreational fires. About 800 people signed it.

Ferndale lifted its ban last fall and put safety rules in place. Clawson, Madison Heights and Troy also allow backyard fires. However, Berkley does not.

Royal Oak City Manager Donald Johnson and Fire Chief Chuck Thomas recommend against any change to the city’s ban, citing concerns about fire dangers, smoke aggravating health problems from residents, and police issues related to “associated activities,” such as yelling and singing.

However, Johnson said they know a large number of residents want to have recreational fires and negative effects can be minimized. He and the fire chief suggest Royal Oak allow recreational burning after 8 a.m. and until 11 p.m. with restrictions. The rules they proposed say:

The outdoor fireplace unit must be designed to prevent sparks and hot ash from escaping.

Only clean hardwood can be used. Elm, ash or other wood of diseased or pest-infested trees cannot be burned.

Rubbish and construction debris cannot be burned.

Flammable liquids cannot be used to ignite any fires.

The outdoor fireplace unit cannot be located within 25 feet of any structure or combustible or within 15 feet of any property line.

The outdoor fireplace unit cannot be located under any overhead wires or tree limbs.

The fires must be constantly attended by someone age 18 or older.

At least one portable fire extinguisher or garden hose must be available.

The fire chief can order a temporary ban on recreation fires during times of drought and dry weather.

Recreational fires shall not cause a nuisance to neighbors. After getting a complaint, police shall order a fire be extinguished.

The city manager said he isn’t calling for any kind of permit system because it would be cost prohibitive and labor intensive. However, Ferndale charges a one-time $25 permit fee, which includes an inspection by its fire department.

City Commissioner Jim Rasor said he wants more information about Royal Oak using an online permit process that educates applicants about what is and isn’t allowed. He said residents are having recreational fires despite the ban and he argued that legalizing them with restrictions could help deter nuisance situations.

“If we educate people they will do what it is right,” Rasor said. “Right now it’s the Wild West.”

City Commissioners Pat Capello and Peggy Goodwin contend the issue should be put to a city-wide vote on Nov. 5 with the proposed human rights ordinance.

“It’s too important and divisive for this body to decide,” Goodwin said.